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Русский Procedures for Applications for Permanent Residence on Humanitarian and Compassionate grounds as a Result of the Lifting of the Temporary Suspension of Removals on Haiti and Zimbabwe
Operational Bulletin 600 – January 23, 2015
Procedures for Applications for Permanent Residence on Humanitarian and Compassionate grounds as a Result of the Lifting of the Temporary Suspension of Removals on Haiti and Zimbabwe
Background
Situations arise where a country or a place places a generalised risk to the entire population. Some common examples of such situations could be war, civil unrest or environmental disaster. In these situations, the authorities typically place a Temporary Suspension of Removals (TSRs) that aims at halting the removals to these countries or places.
Because of the Temporary Suspension of Removals (TSRs) issued, the authorities in effect, permit certain individuals to continue to stay in Canada temporarily. These individuals would typically be people who:
- Are unsuccessful in their refugee claim
- Are inadmissible or,
- Would be subject to removal under normal circumstances
The Minister of Public Safety has the authority to impose, maintain or lift a Temporary Suspension of Removal (TSR). This in accordance with the specifications laid out in Section 230 of the Immigration and Refugee Protection Regulations (IRPR). Therefore, individuals subject to a Temporary Suspension of Removal (TSR) could choose to return to their country voluntarily.
However, officers would need to note that this stay of removal would not apply to individuals who are inadmissible for:
- Criminality
- Serious criminality
- Security
- Violating human rights
- Violating international rights
- Organised crime or
- People referred to in Section F of Article 1 of the United Nations Convention Relating to the Status of Refugees
Purpose
The Minister of Citizenship and Immigration signed a temporary public policy on November 26, 2014. This policy concerned the nationals of Haiti and Zimbabwe. This was because the lifting of the Temporary Suspension of Removal (TSR) would have an effect on these individuals.
The Minister of Public Safety lifted the Temporary Suspension of Removal (TSR) on Haiti and Zimbabwe. This took place on December 01, 2014.
This Operational Bulletin (OB) provides functional guidance on the processing of applications for permanent residence on Humanitarian and Compassionate (H&C) grounds submitted by nationals of these countries.
The Administrative Deferral of Removal
The Process Applicable for Applicants Who Were Under the Haiti Special Measures (HSM)
Citizenship and Immigration Canada (CIC) Decision-maker
The authorities will examine Humanitarian and Compassionate (H&C) applications. They will do so in accordance with the existing provisions specified in the program delivery instructions on Humanitarian and Compassionate (H&C) considerations. These provisions typically include aspects like the consideration of prolonged stays in Canada contributing to:
- The establishment and integration of the applicant into Canadian society
- The best interests of the child
- Family ties
- Adverse country conditions and,
- Other elements put forth by the applicant
Zimbabwe has been subject to the Temporary Suspension of Removal (TSR) since 2002. Similarly, Haiti has been subject to the Temporary Suspension of Removal (TSR) since 2004. When countries have been subject to the Temporary Suspension of Removal (TSR) for several years, officers would need to consider that the applicant’s continued presence in Canada is because of circumstances beyond the control of the applicant.
Therefore, decision-makers would typically give positive considerations on concluding that the individual’s prolonged stay in Canada has come about because of the Temporary Suspension of Removal (TSR) placed on their country of origin. This is because the decision-makers would realise that the Temporary Suspension of Removal (TSR) is responsible for the individual’s establishment in Canada.
The Procedures for Eligible Applicants Residing in Quebec
The Coding Requirements
Officers would need to use the following special program codes for all eligible applicants:
- Haiti:
- In the Global Case Management System (GCMS): MHA
- In the Field Operations Support System (FOSS): 180
- Zimbabwe:
- In the Global Case Management System (GCMS): MZI
- In the Field Operations Support System (FOSS): 181
The Process for Issuing Work Permits
Officers would not enforce the removal orders concerning the administrative deferral of removals for certain individuals. This is applicable especially if these individuals meet the eligibility criteria for the temporary public policy.
These individuals could apply for a work permit:
- Online or,
- Through the Case Processing Centre in Vegreville (CPC-V)
This is in accordance with the guidelines specified under Paragraph 206 (b). However, officers would need to note that this work permit would not confer any status on the applicants.
Individuals who were under the Haiti Special Measures (HSM) would be eligible for applying for a work permit from within Canada. This work permit would confer temporary status on the individuals. In addition, they would receive an exemption from the requirement of having to provide a valid Labour Market Impact Assessment (LMIA) from Service Canada. Typically, applicants need to provide a valid Labour Market Impact Assessment (LMIA) from Service Canada in support of their work permit application.
Officers have the authority to issue work permits before they receive Humanitarian and Compassionate (H&C) applications. Officers also have the authority to extend work permits if necessary. For doing this however, the applicants would need to submit their Humanitarian and Compassionate (H&C) applications within the stipulated timeframes. In addition, the applicants would need to pay the applicable processing fees as well.
The Process for Issuing Study Permits
Officers would not enforce the removal orders concerning the administrative deferral of removals for certain individuals. This is applicable especially if these individuals meet the eligibility criteria for the temporary public policy.
These individuals could apply for a study permit:
- Online or,
- Through the Case Processing Centre in Vegreville (CPC-V)
This is in accordance with the guidelines specified under Paragraph 215 (1) (d). However, officers would need to note that this study permit would not confer any status on the applicants. In addition, the applicants would need to pay the applicable processing fees as well.
The Interim Federal Health Program (IFHP)
The Process for the Counselling of Clients
Source: Citizenship and Immigration Canada (CIC)
- Published in 2015
Conservative Government Remarkably Naïve About Labour Market Dynamics
Recently, the CEO of McDonald’s Canada addressed anxious franchisees about the CBC’s investigation into the company for the chain’s possible abuse of the Temporary Foreign Worker Program. During the call, Betts said, “Jason Kenney really knows his stuff. And I’ll say he knows his stuff from a businessperson’s perspective”.
The Conservative Government has claimed to understand the private sector better than other federal parties did. However, the Conservatives have shown themselves to be remarkably naïve when it comes to understanding the factors that motivate corporate businesses.
Kenney spoke on CBC Radio’s The House, shortly after suspending restaurants from using the Temporary Foreign Worker Program. He said, “If it’s true that we have a very tight labour market, we should be seeing more inflation in terms of wages, employers should be responding to tightness in the labour market”.
On the face of it, this would sound logical. A tight labour market would lead to wage inflation and ensure that companies make themselves more attractive to workers. Yet, his words say nothing about governments intervening with a program that enables companies to circumvent the labour market dynamics.
Nor do they raise questions about a government that tweaks a program repeatedly to expedite the process of recruiting temporary workers from outside the country and allows certain employers to set abysmally low wages for these foreign workers.
On all counts, Kenney and the Conservative Government could have foreseen the scenario where no businessperson would pass over the opportunity of capitalising on an environment that boosts productivity and minimizes costs. This is especially so since Kenney “understands a businessperson’s perspective” and the Conservatives understand the private sector.
Kenney’s comments to CBC Radio began with “If it’s true…” They clearly betrayed the fact that he – or his colleagues in the government – have no clue about the job market currently – even if they have been vociferous while talking about acute labour shortages.
Despite the Canadian economy being on the rise, domestic workers are not willing to relocate to where the jobs are. Canada’s Employment Insurance system gives no incentives for workers to relocate either – even in areas suffering from chronic unemployment.
A recent CD Howe report criticised the current version of the TFW program, declaring that the government’s policies actually accelerated the rise in unemployment rates in Alberta and British Columbia. It mentioned that Canada would need to develop better data about the state of the local labour markets, before permitting temporary foreign workers to enter Canada.
Source: Maclean’s
- Published in May
How the Temporary Foreign Worker Program Moved from Being a Nimble Program to One that Requires a Complete Revamp
According to popular perception, the Temporary Foreign Worker Program, currently under intense Parliamentary scrutiny following a series of program abuse allegations by the Royal Bank of Canada, three McDonald’s franchises in Victoria, British Columbia and a pizza restaurant in Weyburn, Saskatchewan, was a program that had merit on paper initially, before it spiralled out of control.
Currently, the Temporary Foreign Worker Program has become a major issue affecting not only unemployed Canadians but also those individuals coming to Canada from abroad, for short-term jobs.
Canada launched the program in 1973, aiming to bringing in highly specialised workers like academics and engineers for meeting skills gaps in the country. In 2002, the Liberals under Jean Chretian, included low-skilled workers under the ambit of the program.
Successive Liberal and Conservative governments continued to tweak the program further so that it expedited the process of bringing in foreign workers into several sectors of the industry, including food and construction, once pilot projects commenced in Alberta and British Columbia. This resulted in the accelerated entry of temporary foreign workers into Canada – moving from 101,000 in 2002 to 338,000 in 2012, with low-skill workers forming the fastest growing denomination of workers.
Under the current program, Canadians lose out on jobs as do several foreign workers. Locals also miss out on employment opportunities and employers keep wages at artificially low levels. In addition, the government also does not have the bandwidth to keep monitoring a program of this size for any possible program abuses.
Researches also back the impact of the Temporary Foreign Worker Program. A CD Howe Institute reported that a pilot project that accelerated the approval process for companies to hire low-skill temporary foreign workers, raised unemployment levels.
The Alberta Federation of Labour revealed recently that some companies were paying temporary foreign workers up to $5 less than the prevailing local market wage for the job, with the tacit approval of the federal government. This also means that the program can reduce wages for foreign workers as well.
According to Jason Foster, the coordinator for Athabasca University’s industrial relations program, “The Temporary Foreign Worker Program moved from being a small, nimble program to a large-scale one that the Government could not manage successfully.” While Employment Minister Jason Kenney promised to implement new reforms for the program, experts believe that only a complete revamp of the program could help salvage the situation.
Source: CBC News
- Published in May
Unregulated Foreign Worker Program Raises Concerns
 |
While Canada’s Temporary Foreign Worker Program has been plagued with controversy, there is another much lesser-known program offering foreign workers express entry into Canada.
The Canadian public has likely not heard a lot about the International Experience Canada program, despite the fact that it operates with even less government oversight and regulation than the contentious Temporary Foreign Worker program.
The program allows employers to import workers from countries like France, Ireland and the UK, without first obtaining a labour market opinion – the government’s validation that a particular worker’s skills are in-demand in Canada. IEC also offers no minimum wage requirements.
In exchange, Canadians are able to work abroad in over 30 participating countries.
Worker advocates are concerned about the implications of an unregulated program importing workers, who may be unskilled and could end up driving down wages for Canadians or other foreign workers. It is particularly disconcerting, says Liberal Immigration critic John McCallum, to have this program up and running while the Temporary Foreign Worker program remains suspended due to abuse.
“It sounds like such a wholesome thing on the government’s website — people coming to discover Canada and Canadians going abroad to do the same,” said McCallum. “But this is a huge concern because it seems to totally subvert what they’re trying to do with temporary foreign workers. The government appears to be actively encouraging companies to participate in a program that doesn’t even require labour market opinions.”
A government spokesperson, however, says that the program does not impede Canadian employment, and that the government is currently reviewing both programs to see how they can improve the situation for both workers and employers.
Source: CTV News
- Published in May
Employment Minister Reacts to Foreign Worker Program Abuse by Suspending Food Services Sector
The Employment Minister Jason Kenney suspended Canada’s Fast food sector from the Temporary Worker Program in the wake of program abuse allegations by several McDonald’s outlets and a pizza restaurant in Saskatchewan. This also means that any pending applications from the food services sector will remain in limbo.
While there has been widespread criticism from all quarters over the Temporary Foreign Worker Program – based on anecdotal evidence, statistical proof and national perception, the latest incidents of program abuse forced the indefatigable minister to step in and take some remedial action.
Kenney has faced a tough few weeks battling revelations about small businesses, which continually displace Canadian workers with temporary foreign workers willing to work regardless of the hours, holidays or the conditions. Ironically, the Conservatives have championed the cause of these small businesses that continue to flout the rules.
While incidents of program abuse have yielded sufficient anecdotal evidence that have shaped public perception about the Program, studies by academic institutes have queered the pitch further by providing statistical evidence that the Temporary Foreign Worker Program has raised unemployment levels.
The non-partisan CD Howe Institute established that the Program raised unemployment levels in Alberta and British Columbia – two Conservative strongholds. Similarly, Dominique M Gross of Simon Fraser University analysed the period from 2007 to 2010, when the Conservative Government eased the requirements and expedited the process of hiring temporary workers in two provinces because of a reported labour shortage in western Canada.
She found that there was little evidence of shortages in several of the fast-tracked low-skilled occupations. In addition, she also found that the influx of foreign workers contributed to an increase of a cumulative 3.9 percentage points to the unemployment rates. This led her to conclude that placing a cap on the number of temporary foreign workers entering the country annually could help buck the trend.
The Program, which had merits on paper, is clearing without adequate safeguards to prevent employers from abusing it. Thus, even as employers fill jobs with foreign workers, they continue to deny Canadians jobs in their region or even the right to migrate to jobs that they want. Similarly, Canadian employers also find themselves undercut by competitors using temporary foreign workers.
This situation would continue to be the norm unless Kenney can revamp the abused Program and provide proper safeguards to protect the rights of all Canadians – employers and workers.
Source: The Toronto Star
- Published in April
New Controversies Emerge Over Temporary Foreign Worker Program
Recent cases in the news have renewed debate over the use and necessity of Canada’s Temporary Foreign Worker Program.
McDonald’s franchises in Alberta and British Columbia have been at the centre of this most recent controversy, after stories emerged of Canadian workers being passed over for their foreign counterparts. Employers are allegedly engaging in such practices because temporary foreign workers often will perform more menial tasks for less money.
Such stories have not been received well by a Canadian public that has been struggling to recover from the recent economic recession. They are also indicative of the need to better address Canada’s labour concerns, according to a recent editorial in the Globe and Mail.
It is much more beneficial, the editors argue, to use Canada’s immigration system to bring skilled workers into the country on a permanent basis. Skilled workers have experience, education, and the motivation to succeed in this country. Temporary workers might be just as motivated, but are often used to fill low-paying, low-skilled positions that Canadians would not want.
It becomes a concern – not only for temporary foreign workers, but for all Canadians – when employers would rather import low-skilled workers willing to settle for less pay and worse conditions rather than improve wages and conditions for all workers.
The Temporary Foreign Worker program is currently suspended until Labour Minister Jason Kenney unveils reforms in the coming weeks. The program has been subject to many reforms in recent years, but some critics argue that the program should be scrapped altogether.
Source: Globe and Mail
- Published in April
